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DIONARTO Q. NOBLEJAS v. ITALIAN MARITIME ACADEMY PHILS.

This case has been cited 4 times or more.

	GR No. 209418 2015-12-07	W.M. MANUFACTURING v. RICHARD R. DALAG VELASCO JR., J.
The Court is not unmindful of the rule in labor cases that the employer has the burden of proving that the termination was for a valid or authorized cause; but fair evidentiary rule dictates that before an employer is burdened to prove that they did not commit illegal dismissal, it is incumbent upon the employee to first establish by substantial evidence that he or she was, in fact, dismissed.[68]
	GR No. 197484 2015-09-16	GERARDO A. CARIQUE v. PHILIPPINE SCOUT VETERANS SECURITY DEL CASTILLO, J.
This Court is not unmindful of the rule that the employer has the burden of proving that the employee's termination was for a valid or authorized cause. However, before the employer is tasked to discharge this burden, it is incumbent upon the employee to prove by substantial evidence the fact that he was indeed illegally dismissed from employment.[23] Illegal dismissal must be established by positive and overt acts clearly indicative of a manifest intention to dismiss. This critical affirmative fact must be proved by the party alleging the same with substantial evidence as required by the nature of this case.[24] Mere allegation is neither proof nor evidence.[25]
	GR Nos. 174365-66 2015-02-04	ROMEO BASAN v. COCA-COLA BOTTLERS PHILIPPINES PERALTA, J.
Thus, pursuant to the Article quoted above, there are two kinds of regular employees, namely: (1) those who are engaged to perform activities which are usually necessary or desirable in the usual business or trade of the employer; and (2) those who have rendered at least one year of service, whether continuous or broken, with respect to the activities in which they are employed.[24] Simply stated, regular employees are classified into: (1) regular employees by nature of work; and (2) regular employees by years of service. The former refers to those employees who perform a particular activity which is necessary or desirable in the usual business or trade of the employer, regardless of their length of service; while the latter refers to those employees who have been performing the job, regardless of the nature thereof, for at least a year.[25]